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National Health Service and Community Care Act 1990

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Version Superseded: 01/03/2007

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Point in time view as at 02/08/2005. This version of this provision has been superseded. Help about Status

Changes to legislation:

National Health Service and Community Care Act 1990, Section 21 is up to date with all changes known to be in force on or before 02 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

21 Schemes for meeting losses and liabilities etc. of certain health service bodies.E+W

(1)The Secretary of State may by regulations made with the consent of the Treasury establish a scheme whereby any of the bodies specified in subsection (2) below may make provision to meet—

(a)expenses arising from any loss of or damage to their property; and

(b)liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies concerned.

(2)The bodies referred to in subsection (1) above are—

[F1(za)Strategic Health Authorities;]

[F2(a)Health Authorities;

(aa)Special Health Authorities;]

[F3(aaa)Primary Care Trusts;]

[F4(aab)Local Health Boards;]

(b)NHS trusts;

[F5(ba)NHS foundation trusts;]

[F6(bb)the [F7Commission for Healthcare Audit and Inspection]]; F8. . .

(c)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(d)the Health Protection Agency,]

but a scheme under this section may limit the class or description of bodies which are eligible to participate in it.

(3)Without prejudice to the generality of the power conferred by subsection (1) above, a scheme under this section may—

(a)provide for the scheme to be administered by the Secretary of State or by a [F10Strategic Health Authority,][F11Health Authority, Special Health Authority,][F12Primary Care Trust][F13, NHS trust or NHS foundation trust] specified in the scheme;

(b)require any body which participates in the scheme to make payments in accordance with the scheme; and

(c)provide for the making of payments for the purposes of the scheme by the Secretary of State.

(4)Without prejudice to any other power of direction conferred on the Secretary of State,—

(a)if the Secretary of State so directs, a body which is eligible to participate in a scheme shall do so; and

(b)where a scheme provides for it to be administered by the Secretary of State, a [F10Strategic Health Authority,][F11Health Authority, Special Health Authority,][F12Primary Care Trust][F13, NHS trust or NHS foundation trust] shall carry out such functions in connection with the administration of the scheme by the Secretary of State as he may direct.

[F14but the Secretary of State may not make a direction under paragraph (a) above in relation to an NHS foundation trust]

[F15F16(5)A person or body administering a scheme under this section does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under the scheme.]

Textual Amendments

F1S. 21(2)(za) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 43(a); S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)

F2S. 21(2)(a)(aa) substituted (1.4.1996 subject to s. 8 of the amending Act) for s. 21(2)(a) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 79(a) (with Sch. 2 paras. 6, 16)

F3S. 21(2)(aaa) inserted (4.1.2000 for E. and otherwise in force immediately before the National Health Service Act 2006 (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act))) by the Health Act 1999 (c. 8), ss. 65(1), 67(1), Sch. 4 paras. 74, 81(1)(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2; S.I. 2006/1407, arts. 1(1)(2), Sch. 1 Pt. 2 para. 6(b)

F4S. 21(2)(aab) inserted (10.10.2002 for W. and otherwise in force immediately before the National Health Service Act 2006 (c. 41) (which Act came into force on 1.3.2007 in accordance with s. 227(1) (subject to s. 277(2)-(5) of that Act))) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 33; S.I. 2002/2532, art. 2, Sch; S.I. 2006/1407, arts. 1(1), 2, Sch. 1 Pt. 2 {para. 12(c)}

F10Words in s. 21(3)(4) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 43(b); S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)

F11Words in s. 21(3)(a)(4)(b)(5) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 79(b) (with Sch. 2 paras. 6, 16)

F12Words in s. 21(3)-(5) inserted (4.1.2000 for E. and otherwise in force immediately before the National Health Service Act 2006 (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act))) by the Health Act 1999 (c. 8), ss. 65(1), 67(1), Sch. 4 paras. 74, 81(1)(3); S.I. 1999/2342, art. 2(3)(a), Sch. 2; S.I. 2006/1407, arts. 1(1)(2), Sch. 1 Pt. 2 {para. 6(b)}

F15S. 21(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 319

F16By Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1), Sch. 4 para. 84(d); S.I. 2004/759, art. 2 it is provided that the words ", NHS trust or NHS foundation trust" be substituted in s. 21(5) for the words "or NHS trust" (the latter words were superseded (1.12.2001) by reason of the substitution of s. 21(5) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), art. 319)

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